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(영문) 울산지방법원 2020.11.26 2019노893
사기등
Text

Of the judgment of the court below of first instance, the part concerning the crime of 2019Kadan1580 and the judgment of the court of second instance shall be reversed.

Reasons

Summary of Grounds for Appeal

Each sentence of the court below is too unreasonable.

2. Determination

A. Of the judgment of the court of first instance, the part of the judgment of the court of first instance as to the crime of 2019Da1580 and the judgment of the court of second instance as to the defendant's ex officio judgment as to the judgment of the court of second instance, each of the judgment of the court of first instance and the judgment of the court of second instance, and this court rendered a decision to jointly examine the above two appeals. Since the first judgment with respect to the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act with Article 38(1) of the Criminal Act, one punishment shall be imposed in accordance with Article 38(1) of the Criminal Act, since the crime of 2019Da1580 as to the judgment of the court of first instance cannot be maintained.

B. Of the judgment of the court below of first instance, the lower court rendered a suspended sentence of imprisonment with prison labor, taking into account the following: (a) the criminal record of a special injury resulting from the Defendant’s judgment and this part of the crime subject to concurrent crimes under the latter part of Article 37 of the Criminal Act, on which the Defendant agreed with the victim:

There is no particular change in the sentencing conditions after appeal, and even if all the circumstances and records stated in the reasons for sentencing are together, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the part of the judgment of the court below regarding the crime of 2019Da1580 and the part of the judgment of the court below in the judgment of the court below as seen above are reversed in entirety without examining the grounds for appeal by the defendant, and following the pleadings are ruled as follows. The defendant's appeal as to the part concerning the crime of 2019 Godan1544 among the judgment of the court below of first instance is dismissed, since

[Judgment of the court below as to the reversal] as stated in the separate column of facts and evidence

(except for the part concerning the crime of 2019 Highest 1544 at market). Application of Acts and subordinate statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

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